Supreme Court allows 10-year-old rape victim abort pregnancy

A bench comprising of Chief Justice J S Khehar and Justice D Y Chandrachud said that a medical board will look in to the possible risk on the girl's life due to the abortion.

New Delhi: The Supreme Court on Monday issued notice to the government to allow a 10-year-old rape victim abort her 26-week-old pregnancy. 

Responding on a plea seeking permission to terminate the foetus, a bench comprising Chief Justice J S Khehar and Justice D Y Chandrachud said that a medical board will look in to the possible risk on the girl's life due to the abortion. 

The bench asked the member secretary of Chandigarh Legal Services Authority to assist it as an amicus curiae and get the rape survivor examined by a board of doctors on July 26, reported the PTI.

The top court further asked the member secretary to ensure that the girl and one of her parents are provided proper facilities during examination at PGI Chandigarh. The next hearing is now on July 28. 

A public interest litigation or PIL was filed post Chandigarh district court refused the girl to undergo abortion on July 18.

Courts allow medical termination of pregnancy up to 20 weeks under the Medical Termination of Pregnancy Act and can make an exception if the foetus is genetically abnormal.

"Medical experts have categorically opined that if the 10-year-old rape survivor is forced to give birth through normal delivery or C-section, it may be fatal to the life of the girl as well her child," the petition filed through advocate Kedar Nath Tripathy had said, reported the PTI.

The petition also sought to amend Section 3 of the Medical Termination of Pregnancy Act, 1971, allowing termination of pregnancies of more than 20 weeks, particularly involving child rape survivors after obtaining requisite opinion from a permanently constituted medical board.